Perez

Perez v. McCauley

Good Law
United States District Court, Southern District of CaliforniaApril 30, 20203:19-cv-00670California308 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Carlos Perez, Case No.: 19-cv-00670-GPC-LL

Plaintiff,

ORDER DISMISSING ACTION

v. WITHOUT PREJUDICE FOR

FAILURE TO PAY FILING FEE.

Kevin McCauley, in his official capacity as a Sheriff Deputy and his individual 15 capacity, Defendant. 17 This Order arises from Plaintiff’s failure to pay the filing fee for his Complaint. (ECF No. 1.) All parties instituting any civil action, suit, or proceeding in a district court of the United States, except an application for writ of habeas corpus, must pay a filing fee of $400. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff’s failure to prepay the entire fee only if the plaintiff is granted leave to proceed IFP under 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). All actions sought to be filed IFP under § 1915 must be accompanied by an affidavit, signed by the applicant under…

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